Effective February 17, 2021
A. About Us.
Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy will have the meanings given to such terms in the Terms of Service. As described in this privacy statement, we will not process your information without a lawful basis to do so. We will process your user information with your legal consent (when you voluntarily provide information or opt in) or on the basis of contract law (when you enter into a transaction with us), or when we have a legal obligation to do so. As described herein, we may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering content, and further developments and improvements to the Site, learning from analyzing traffic to better serve all Site users, to analyze the likes and dislikes of our users, and to help us to provide a more stable, consistent, and secure user experience. If you have any questions regarding this, please contact us.
**WE DO NOT ACCEPT OR STORE ANY DATA OR INFORMATION FOR ANY USERS UNDER 16 YEARS OF AGE**
**WE MUST HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN TO RECEIVE OR STORE ANY PERSONAL DATA OR PERSONAL INFORMATION RELATED TO ANY USER THAT IS UNDER 18 YEARS OF AGE BUT OLDER THAN 16 YEARS OF AGE**
** PLEASE CONTACT US IF YOU BELIEVE THAT PERSONALLY IDENTIFIABLE INFORMATION HAS BEEN TRANSMITTED TO US FOR ANY USER UNDER 16 YEARS OR AGE OR FOR A MINOR THAT IS BETWEEN 16 AND 18 YEARS OF AGE SO THAT WE CAN TAKE APPROPRIATE ACTION**
You may contact us to request what personally identifiable information that we have collected from you by sending a request to email@example.com.
You have the right to be forgotten, if you would like us to remove your personally identifiable information from our database, please contact us at firstname.lastname@example.org.
1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create a Profile/Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. In connection with the Services, you may be asked to provide us the following Personal Data and other information: your name, mailing address, telephone number, email address, preferences, professional and educational background, payment information, and other information in connection with the Services.
(b) Use Data. When you send or receive Content using our Services, we collect data about that Content.
(c) Log Information. When you browse our Services, you do so anonymously, unless you have previously created a Profile/Account with us. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 7 below for more information.
(d) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Policy does not restrict what we can do with aggregate information.
(f) Device Information. We may collect data about the computer or Device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.
(g) Tracking Technologies. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Services. Please see Section 7 below for further information regarding tracking technologies.
2. How We Use It. We use, allow access to, or disclose your Personal Data to third parties with whom we partner in order to:
(a) enable us to provide the Services to you;
(b) notify you regarding Services, your Profile/Account, or fees;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(d) investigate objectionable use of the Services;
(e) respond to requests for assistance from our customer support team;
(f) analyze trends and use of our Services; and
(g) carry on our business, as determined by us.
3. Who We Share It With.
We will share your Personal Data with third parties:
(a) When you have enabled us to share your Personal Data with another company or our Affiliates, such as: in sending you offers and promotions about their products and services; or allowing us to share your personal data with third parties, such as Social Media. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.
(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above.
(c) When required by law or by court order.
(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.
(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Policy will be assigned and delegated to the other company.
(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
4. Your Choices.
(a) Any Content that you Post may be searchable by other Users and third parties as well as subject to use by others. Once you have Posted Content or made it viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others my use the Content you Post. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.
(b) If you remove information, Personal Data, or Content that you Post to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.
(c) We may contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us at email@example.com; (ii) following the instructions in the communication; or (iii) by mailing the request to us at GigHero, LLC 15 East 92nd Street, New York, NY 10128.
5. Security of Your Personal Information. We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, our Payment Processor uses Secured Socket Layer (‘SSL’) encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Profile/Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
6. Your Profile/Account. Users may review and update Personal Data by logging into their Profile. If your Profile is terminated by you or us, we will remove your name and other Personal Data from our User viewable Content. If you close your Profile, we have no obligation to retain your information, and may delete any or all of your Profile information without liability. However, we may retain Content related to you for any reason we determine unless you send a request to use for us to purge our systems and databases of all your personally identifying information. You may also contact us to request what information we have collected about you or what personally identifying information we have collected. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.
7. Cookies and Tracking Technology.
8. Compliance with the Children’s Online Privacy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (at 15 USC § 6501–6506). We never collect or maintain Personal Data through the Services from those we actually know are under thirteen (13), and no part of the Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Profile of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
10. In the Event of Sale or Bankruptcy
The ownership of the site, www.gighero.nyc or the company, GigHero, LLC may change at some point in the future. Should that occur, we want this site and the company to be able to maintain a relationship with you. In the event of a sale, merger, public offering, conversion of the company entity into a different business entity, bankruptcy or other change in control GigHero, LLC, your information may be shared with the person or business that owns or controls this site or the company. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.
12. California Consumer Privacy Act (CCPA)
California residents have the right to:
(a) a specific list of exactly what categories of information you are collecting, how you are using it and what the purpose of this information is;
(b) Links on the Website to opt-out of data collection or have their data removed;
(c) Access to a link on your account profile management that selects:
“Do Not Sell My Personal Information” and link to custom page
(d) Information explaining at least two methods of contacting you in order to update, change, remove or transfer personal information;
(f) equal treatment for Californian residents by the owner and operator of this Website, despite the additional protections afforded to California residents under the CCPA; and
(g) this list of your rights as California residents.
13. Changes to our Policy; Miscellaneous. We reserve the right to change this Policy, our Terms of Service, and our other Policies at any time. We will notify you about changes to this Policy by placing the updated Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, our Terms of Service shall control.
14. Questions or Comments Regarding this Policy. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: firstname.lastname@example.org or GigHero, LLC 15 East 92nd Street, New York, NY 10128.